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Samoa Consolidated Legislation 2008 |
CONSOLIDATED ACTS OF SAMOA 2008
Arrangement of Provisions
TITLE
1. Short title
PART I
PRELIMINARY
2. Interpretation
PART II
IMPOUNDING AND CONTROL
OF ANIMALS
Impounding
3. Public pounds
4. Poundkeepers
5. Impounding of cattle
6. Duty of poundkeeper
7. Duty of person delivering cattle to poundkeeper
8. Lien for damages
9. Release of cattle
10. Pound sales
11. Notices
12. Common Law rights preserved
13. Payment of driving fees
Special as to Pigs
14. Pigs to be kept in enclosed place
15. Distance from dwelling
16. Pigs in villages
Wandering Pigs
17. Declaration of prohibited area
18. Warrant to destroy pigs
19. No liability for shooting pig pursuant to warrant
20. Obligations of person destroying pig
21. Obligation of person claiming carcase
22. Saving of right to impound
General
23. Killing of trespassing or diseased animals
PART III
REGISTRATION OF LIVESTOCK BRANDS
24. Owner of brand to register same
25. Branding not compulsory
26. Similar brands not to be registered
27. Using another person's brand
28. Brand evidence of ownership
29. Defacing brands
30. Using unregistered brand
PART IV
STOCK IMPROVEMENT
31. Chief Executive Officer to be notified of ownership of stallions and bulls
32. Function of the Chief Executive Officer under this Part
33. Duty of owner
34. Power of Chief Executive Officer or inspector
35. Offences
36. Regulations
PART V
CONTROL OF ANIMAL
IMPORTATION
37. Repealed
38. Repealed
39. Repealed
40. Regulations
PART VI
PROTECTION OF GAME
41. Declaration that game protected
42. Absolutely protected animals not to be taken
43. Taking of partially protected animals
43A. Exportation of birds
43B. Entry search and seizure
PART VII
EXISTING LEGISLATION
AFFECTED
44. Repeals and savings
Schedules
_____________________________
1960 No. 12
AN ORDINANCE to consolidate and amend certain enactments relating to animals and game, and to make provision for controlling the importation of animals and animal products
(26 August 1960)
(Commencement date 26 August 1960)
1. Short title - (1) This Ordinance may be cited as the Animals Ordinance 1960
(2) This Ordinance is divided into parts as follows:
PART I | Preliminary (section 2). |
PART II | Impounding and Control of Animals |
| (sections 3 to 23). |
PART III | Registration of Livestock brands |
| (sections 24 to 30). |
PART IV | Stock Improvement (sections 31 to 36) |
PART V | Control of Animal Importation |
| (sections 37 to 40). |
PART VI | Protection of Game (sections 41 to 43B). |
PART VII | Existing Legislation affected (section 44) |
PART I
PRELIMINARY
2. Interpretation - In this Ordinance, unless the context otherwise requires:
"Animal" means any beast, bird, reptile or fish of any species or kind whatever, whether domesticated or wild, and includes:
(a) Any carcase or part of an animal or carcase or any animal product;
(b) Any egg or semen of any animal;
(c) Any fodder which has been fed to any animal but not consumed;
(d) Any litter which has been used by any animal and the excreta of any animal;
(e) Any harness, cover or other thing which has been in contact with an animal in such a manner or to such an extent that it may convey any disease to which the animal is subject,-
but does not include any carcase or part of an animal which has been tinned, cooked, sterilised, manufactured or so treated that in the opinion of the Chief Executive Officer it cannot convey animal disease.
"Brand" means a distinct and plain mark not less than 2 inches in length burnt with a branding iron into the skin, to which may be added an ear mark made by cutting, splitting, or punching the ear, but so that in no case shall more than one-fourth of the ear be removed, or a tattoo mark imprinted on any part of the skin or a metal clip affixed to the ear.
"Cattle" or "stock" means and includes any horse, mare, gelding, colt, filly or foal; any bull, cow, ox, steer, heifer or calf; any ass, mule, pig, goat or sheep.
"Court" means the District Court.
"Chief Executive Officer" means the Chief Executive Officer of the Ministry responsible for agriculture, and in respect of any power conferred on the Chief Executive Officer under any part of this Ordinance, includes any person to whom the Chief Executive Officer lawfully makes a delegation pursuant to the authority conferred on him or her by section 10 of the Agriculture, Forests and Fisheries Ordinance 1959 of the powers exercisable by him or her under such part of this Ordinance. Any person to whom the Chief Executive Officer has made such a delegation for any purpose shall be deemed to be included in the term.
"Inspector" where it relates to any such purpose.
"Minister" means the Minister responsible for agriculture.
"Occupier", in relation to any land, means any person in actual occupation of the land or entitled to occupy it, and includes the owner of the land and any other person in receipt of or entitled to the receipt of the rents and profits thereof, and any agent or trustee of an occupier of the land, but does not include the Government of Samoa as trustee for the beneficial owners.
"Owner", in relation to cattle or stock, includes any bailee of the cattle or stock and any person having the charge, management or control of them.
PART II
IMPOUNDING AND CONTROL OF ANIMALS
Impounding
3. Public pounds - (1) The Minister may from time to time by notice published in the Savali declare any place or places in Samoa to be public pounds, and may in like manner declare that any such place shall no longer be a public pound.
(2) Any place previously declared to be a public pound shall continue to be a public pound until the Minister declares that such place shall no longer be a public pound.
4. Poundkeepers - (1) Any fit and proper person being a member of "the Police Service" or a member of "the Public Service" may, with the approval of the Minister responsible for police or of "the Public Service Commission of Samoa", as the case may be, be appointed by the Minister to be a poundkeeper.
(2) All persons who at the commencement of this Ordinance have been appointed as poundkeepers shall be deemed to have been appointed under this Ordinance.
5. Impounding of cattle - (1) Any person may impound any cattle which at any time of the day or night are found:
(a) Wandering at large in any public road or other place of public resort;
(b) Wandering or otherwise trespassing on the land of such person or land in his or her occupation or control, or land in the occupation or control of his or her principal or master.
(2) There shall be payable by the owner to the person so impounding for loading or driving cattle to the pound the sum of (10 sene) by way of driving fees for every mile from the place where the cattle were found to the nearest accessible public pound.
6. Duty of poundkeeper - It shall be the duty of a poundkeeper to receive and sustain all cattle brought to his or her pound for impounding and to detain such cattle until released or disposed of in accordance with the provisions of this Part.
7. Duty of person delivering cattle to poundkeeper - (1) Every person shall upon delivering cattle to a poundkeeper for impounding sign and deliver to the poundkeeper a statement setting out particulars of the time and place where such cattle were found and of their ownership (if known to the person) and of the amount (if any) claimed for driving fees.
(2) Every person commits an offence and is liable to a fine not exceeding 1 penalty unit who:
(a) Fails to deliver the statement to the poundkeeper in accordance with the provisions of subsection (1);
(b) Knowingly or negligently sets out in such statement any particular which is false or misleading.
8. Lien for damages - (1) Any occupier of land who impounds cattle found wandering or otherwise trespassing on such land and who has suffered damage by reason of such trespass shall acquire thereby a lien on such cattle for the amount of damages and costs which may be awarded by District Court in an action commenced for that purpose.
(2) The lien acquired under subsection (1) shall lapse if the occupier of the land trespassed upon:
(a) Fails to give written notice to the poundkeeper to whom he or she delivered the cattle within 24 hours from the time the cattle were so delivered of his or her intention to claim a lien;
(b) Fails to commence an action in the District Court to recover damages in respect of such trespass within 7 days from the time the cattle were so delivered or within such further period as the Court may allow upon an application made to it within the said period of 7 days.
(3) The owner of any impounded cattle who is prejudicially affected by any lien acquired under this section may apply to the District Court by motion for an order that the cattle be released and the Court may make such order in the premises as to it may seem just.
9. Release of cattle - A poundkeeper (unless otherwise ordered by the Court) shall not release cattle from the pound until:
(a) The poundage and sustenance fees specified in the First Schedule and driving fees have been paid; and
(b) Any lien on the cattle under section 8 has lapsed or has been discharged; or
(c) The cattle have been sold or disposed of in accordance with the provisions of this Part.
10. Pound sales - (1) Every poundkeeper (unless otherwise ordered by the Court) shall sell all cattle in the pound at the first pound sale to be held after the expiration of 7 days from the date on which the same were delivered.
(2) Pound sales shall be held at every pound at such times as the poundkeeper thereof shall fix.
(3) At every sale the poundkeeper shall act as auctioneer.
(4) The proceeds of each sale shall be applied in payment:
(a) Firstly of the costs (if any) of the sale and of all poundage and sustenance fees;
(b) Secondly of all driving fees;
(c) Thirdly to discharge any lien under section 8;
(d) Fourthly of any residue to the owner of the cattle.
(5) A purchaser of cattle sold under this Part shall obtain an indefeasible title thereto.
(6) Any cattle which are offered for sale at a pound sale but are not sold thereat shall be disposed of as the Minister may direct.
11. Notices - (1) It shall be the duty of every poundkeeper:
(a) To deliver within 7 days after any cattle have been delivered to him or her a notice to the owner of the cattle (if such owner can be reasonably ascertained) setting out particulars of the cattle, the person by whom they were impounded, and the time and place where the cattle were found;
(b) To exhibit for 3 clear days before any pound sale in a prominent place at or near to the entrance of the pound a notice specifying the time and date of the pound sale and the cattle to be sold;
(c) If the pound is situated within 10 miles from the Customs-house in Apia, the poundkeeper thereof shall give public notice in some newspaper published in Apia of each intended pound sale and of all cattle to be sold thereat, at least 3 clear days before the holding of the pound sale.
(2) Every poundkeeper who acts in contravention of the provisions of the last preceding subsection commits an offence and is liable to a fine not exceeding 1 penalty unit.
12. Common Law rights preserved - Except as herein specifically provided nothing in this Part shall limit or take away the common law rights of any person in respect of damage caused by cattle whether by trespass or otherwise howsoever.
13. Payment of driving fees - A poundkeeper may accept payment of driving fees on behalf of the person entitled thereto and the receipt of such poundkeeper shall be a good discharge to the person paying the same.
Special as to Pigs
14. Pigs to be kept in enclosed place - No person shall keep a pig or cause or suffer a pig to be kept in any place except a place which is for the time being securely and completely fenced and enclosed so as to be a pig-proof enclosure.
15. Distance from dwelling - (1) No person shall without the express permission in writing of the Chief Executive Officer of the Ministry of Health or a Medical Practitioner or Inspector of Health authorised by the Chief Executive Officer of the Ministry of Health, keep a pig or cause or suffer a pig to be kept in a place any part of which is within 200 yards of a dwelling for the time being used for human habitation or in a place where keeping of a pig is liable to cause pollution of water supply regularly used for drinking or domestic purposes.
(2) Every person who commits an offence against section 14 or subsection (1) is liable to a fine not exceeding 1 penalty unit.
(3) Any permission given under subsection (1) may at any time be withdrawn by the authority who gave permission or his or her successor in office and such withdrawal shall be sufficient if given by notice in writing delivered to the person for the time being in occupation of the place to which permission refers.
16. Pigs in villages - (1) The owner of any pig found at large upon any road within a village or in the neighbourhood of any dwellinghouse in a village is liable to a fine not exceeding 1 penalty unit, and the Pulenu'u of the village where any such pig is found, or any person authorised by the Pulenu’u so to do, may destroy such pig unless it has been previously brought into proper confinement by the owner.
(2) The Pulenu'u shall cause the carcass of any pig so destroyed to be returned to the owner, but if after reasonable inquiry the Pulenu’u is unable to ascertain the owner the Pulenu’u may dispose of it as he or she thinks fit.
Wandering Pigs
17. Declaration of prohibited area - (1) It shall be lawful for the Minister from time to time by notice in the Savali to declare that any area specified in the notice shall, after a day to be stated therein, being not less than 14 days after the publication of the notice and thereafter for a period to be stated therein being not more than 6 months, to be an area in which wandering pigs may be destroyed under the provisions of section 18.
(2) A further notice in respect of any area or part thereof may in like manner be given at any time notwithstanding that any previous notice may not then have expired, and any notice or further notice may at any time in like manner be revoked in respect of any area or part thereof.
18. Warrant to destroy pigs - (1) Subject to any special or general directions given by the Minister responsible for police, the Commissioner of Police may from time to time by warrant in writing direct any person named in the warrant to destroy within an area named in the warrant being an area specified in a notice published pursuant to section 17 or part thereof any pig which at any time of day or night is found wandering at large in any place except a place in which for the time being it is lawful to keep a pig pursuant to section 14.
(2) A warrant may be issued in respect of any area notwithstanding that when it is issued no notice published under section 17 is in force in respect of that area, but shall not authorise destruction of pigs in any area at a time when no such notice is in force in respect of that area.
(3) Any warrant issued under subsection (1) may at any time be withdrawn by the authority who issued the warrant or his or her successor in office by notice in writing delivered to the person to whom the warrant was issued.
19. No liability for shooting pig pursuant to warrant - No person shooting or attempting to shoot or otherwise destroying or attempting to destroy any pig in accordance with the authority of a warrant in force in his or her favour shall be either civilly or criminally liable for so doing.
20. Obligations of person destroying pig - (1) Any person destroying a pig under authority of a warrant shall forthwith take all reasonable steps to ascertain who is the person entitled to the property in the pig and shall call upon such person to declare whether he or she claims the carcase or not, and if such person cannot be found or does not claim the carcase the person who under warrant destroyed the pig shall be entitled to the possession of the carcase for the purpose of disposing of the same and shall forthwith dispose of the same in such a manner that it shall not become a nuisance.
(2) Any person destroying a pig under the authority of a warrant who fails to comply with the provisions of the last preceding subsection commits an offence and is liable to a fine not exceeding 1 penalty unit.
21. Obligation of person claiming carcase - If a person entitled to the property in the pig claims the carcase he or she shall forthwith dispose of the same in such a manner that it shall not become a nuisance and if he or she fails so to do he or she commits an offence and is liable to a fine not exceeding 1 penalty unit.
22. Saving of right to impound - Nothing in the foregoing sections 16 to 21 (both inclusive) shall affect the right of any person to impound a pig under the foregoing provision of this Ordinance, or the right of any person to kill or attempt to kill a pig in a case not involving a breach of the next succeeding section of this Ordinance.
General
23. Killing of trespassing or diseased animals - (1) No occupier of land shall kill or attempt to kill any animal found trespassing on such land except:
(a) Bona fide in self defence;
(b) A dog attacking and interfering with cattle or poultry;
(c) A pig or goat found in a taro or similar cultivated area or on any golf links, football field, tennis court or kept lawn;
(d) A wild pig.
(2) Every occupier of land who acts in contravention of the last preceding subsection commits an offence and is liable to a fine not exceeding 1 penalty unit.
(3) The Chief Executive Officer of the Ministry of Health or the Chief Executive Officer (or any person authorised by either of them) may destroy any diseased pig or other animal wherever found, or may require the owner thereof or some other person to destroy it, and any owner of such who fails to comply with such requirement shall be liable to a fine not exceeding 1 penalty unit.
(4) Where the Chief Executive Officer finds any cattle, or receives a complaint that any cattle have been found:
(a) Not in a securely fenced paddock belonging to, or under the exclusive control of, the owner of the cattle; and
(b) Not tethered, so as to be unable to do any damage to any cultivated plant or tree liable to be damaged by cattle and not currently treated with an effective cattle repellent,-
the Chief Executive Officer may serve notice in writing on the owner of the cattle requiring the owner, as from not later than 7 days after the date of service of the notice, to keep all cattle in such a paddock or so tethered.
(5) If at any time after the service of such a notice on an owner, and the expiration of the period of 7 days from the date of service thereof, the Chief Executive Officer finds any cattle of that owner not in such a paddock and not so tethered, the Chief Executive Officer may destroy such cattle and shall dispose of the carcase in such a manner that it shall not become a nuisance.
(6) Service of such a notice may be effected either personally or by registered post, and in the latter case shall be deemed to be served on the day on which the notice would be delivered in the ordinary course of post unless it is returned unclaimed.
(7) If the Chief Executive Officer, after inquiry from the Ali'i and Faipule of the area in which he or she has found any cattle, or received a complaint that any cattle have been found, not in such a paddock and not so tethered, and after such further inquiry as seems to be appropriate, cannot discover an owner of such cattle, the Chief Executive Officer may, by a notice published in a Samoa newspaper and in the Savali, declare such cattle to be wild and that he or she proposes to destroy them if found not in such a paddock and not so tethered at any time after the expiration of 7 days from the later publication of the notice; and if at any time after the expiration of that period of 7 days the Chief Executive Officer finds such cattle not in such a paddock and not so tethered, the Chief Executive Officer may destroy such cattle, and shall dispose of the carcase in such a manner that it shall not become a nuisance.
PART III
REGISTRATION OF LIVESTOCK BRANDS
24. Owner of brand to register same - (1) Every owner of stock who uses a brand which has not been registered shall apply to the Chief Executive Officer for the brand to be registered by him or her, and shall on such application deposit 2 correct copies or impressions of his or her brand on the form supplied for the purpose.
(2) There shall be paid by the owner of every brand to the Chief Executive Officer a fee of 20 sene for the registration of such brand.
(3) Every owner who uses a brand which has not been registered shall be liable to a fine not exceeding 1 penalty unit.
25. Branding not compulsory - Nothing in this Ordinance shall be construed to oblige anyone to brand stock.
26. Similar brands not to be registered - (1) The Chief Executive Officer shall not register any brands which in his or her opinion are likely to lead to mistakes or confusion.
(2) If any two owners of stock have the same or similar brands, the Chief Executive Officer may require the owner of the brand last registered to alter the brand.
(3) Any owner who refuses or neglects to alter a brand accordingly when duly required to do so, and afterwards uses the said brand, shall be liable to a fine not exceeding 1 penalty unit.
27. Using another person's brand - (1) After any owner of stock has registered a brand no other person in Samoa shall, without the authority of such stock owner, brand any stock with the same brand, or with any brand bearing the same mark, or one so nearly similar as in the opinion of the Chief Executive Officer to be not easily distinguishable therefrom, or make or cause to be made any branding iron bearing the same or a nearly similar brand as aforesaid.
(2) Every person who offends against this section shall be liable to a fine not exceeding 1 penalty unit.
28. Brand evidence of ownership - The mark or impression of any registered brand on any stock shall be prima facie evidence of the ownership of the said stock by the person in whose name such brand is registered.
29. Defacing brands - Every person who destroys, defaces or alters the brand on any stock, or is a party to the destruction, defacement, or alteration thereof, unless the person is the lawful owner of such stock, is liable to a fine not exceeding 1 penalty unit for each head of stock in respect of which such offence has been committed, or at the discretion of the convicting court to imprisonment for a period not exceeding 2 years.
30. Using unregistered brand - Every person who brands any stock with a brand which is not registered, or of which he or she is not the registered owner, is liable to a fine not exceeding 1 penalty unit for each head of stock in respect of which such offence has been committed.
PART IV
STOCK IMPROVEMENT
31. Chief Executive Officer to be notified of ownership of stallions and bulls - (1) In the month of January in each year every Pulenu'u of a village shall forward to the Chief Executive Officer a list containing the names of every person owning any stallion or bull ordinarily depasturing on land forming part of such village, together with particulars of each stallion or bull which is the property of each such owner.
(2) In the month of January in each year, every owner of a stallion or bull not ordinarily depasturing on land forming part of a village shall forward to the Chief Executive Officer a list containing particulars of each stallion or bull owned by that person.
(3) For the purposes of this section every bailee or bailor and every grantor or grantee of any stallion or bull shall be deemed to be the owner thereof.
32. Function of the Chief Executive Officer under this Part - (1) It shall be the function of the Chief Executive Officer and any inspector to approve of stallions and bulls which in their opinion are fit for breeding purposes and to ensure the castration of such stallions and bulls as are not so approved.
(2) The Chief Executive Officer or any inspector may at any time enter upon any land for the purpose of inspecting any stallion or bull or of otherwise carrying out powers and functions under this Part.
33. Duty of owner - Every person being the owner of or in possession or in charge of any stallion or bull shall on being required so to do by the Chief Executive Officer or any inspector present for inspection such stallion or bull, and shall also if so required, yard or otherwise secure such stallion or bull in accordance with any such requirement.
34. Power of Chief Executive Officer or inspector - (1) The Chief Executive Officer or an inspector may castrate any stallion or bull which is not approved for breeding purposes, and the owner shall not obstruct the Chief Executive Officer or such inspector in doing so, but shall aid the Chief Executive Officer or inspector in all reasonable ways in carrying out such duty.
(2) The owner of every stallion or bull so castrated shall pay to the Chief Executive Officer a fee determined by the Chief Executive Officer but not exceeding $1 for each such castration.
35. Offences - Any person who uses for breeding purposes any stallion or bull which is not approved for such purposes, and every owner of any such stallion or bull who wilfully permits the same to be so used, and also any person who fails to comply with, or who commits a breach of, any provision of this Ordinance or any regulation made thereunder is guilty of an offence and shall on conviction be liable to a fine not exceeding 1 penalty unit, and if such offence is a continuing one, to a fine not exceeding 1 penalty unit for every day during which such offence continues.
36. Regulations - (1) The Head of State, acting by and with the advice of Cabinet, may from time to time make all such regulations as may in his or her opinion be necessary or expedient for giving full effect to the provisions of this Part and for the due administration thereof.
(2) It shall be the responsibility of the Minister to lay all regulations made under this section before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session; and, if not, to lay them before the Assembly within 28 days after the commencement of the next ensuing session.
PART V
CONTROL OF ANIMAL IMPORTATION
37. Repealed by the Quarantine (Biosecurity) Act 2005.
38. Repealed by the Quarantine (Biosecurity) Act 2005.
39. Repealed by the Quarantine (Biosecurity) Act 2005.
40. Regulations - (1) The Head of State, acting by and with the advice of Cabinet, may from time to time make all such regulations as may in his or her opinion be necessary or expedient for giving full effect to the provisions of this Part and for the due administration thereof.
(2) Without limiting the generality of the power conferred by this section the power to make regulations shall include the power to make regulations:
(a) Repealed by the Quarantine (Biosecurity) Act 2005.
(b) Repealed by the Quarantine (Biosecurity) Act 2005.
(c) Repealed by the Quarantine (Biosecurity) Act 2005.
(d) Repealed by the Quarantine (Biosecurity) Act 2005.
(e) Repealed by the Quarantine (Biosecurity) Act 2005.
(f) Repealed by the Quarantine (Biosecurity) Act 2005.
(g) Repealed by the Quarantine (Biosecurity) Act 2005.
(h) Repealed by the Quarantine (Biosecurity) Act 2005.
(i) Prescribing and regulating the treatment of animals or things to which this Part of this Ordinance or any regulations made under this Ordinance apply;
(j) Prescribing fees and charges for any services rendered in respect of animals or things to which this Ordinance or any regulations made under this Ordinance apply;
(k) Prescribing fines not exceeding 5 penalty units or terms of imprisonment not exceeding 2 years for offences against the provisions of any regulation made under this Ordinance.
(3) It shall be the responsibility of the Minister to lay all regulations made under this section before the Legislative Assembly within 28 days after the making thereof if the Assembly is then in session; and, if not, to lay them before the Assembly within 28 days after the commencement of the next ensuing session.
PART VI
PROTECTION OF GAME
41. Declaration that game protected - (1) The Head of State, acting by and with the advice of Cabinet, may from time to time make regulations:
(a) Declaring any animal to be absolutely protected;
(b) Declaring any animal to be partially protected, that is, to be protected during such time or times and in such part or parts of Samoa as are specified in such regulations;
(c) Prescribing conditions under which partially protected animals may be taken and killed.
(2) Any such regulations may from time to time be varied or revoked in whole or in part.
42. Absolutely protected animals not to be taken - (1) No person shall take, kill or keep an absolutely protected animal.
(2) Every person who is convicted of an offence against the provisions of this section is liable to a fine not exceeding 1 penalty unit.
43. Taking of partially protected animals - (1) No person shall:
(a) Take or kill a partially protected animal at a time or at a place in which such animal is protected;
(b) Take or kill a partially protected animal except in accordance with any condition regulating the taking or killing of partially protected animals contained in regulations made under this Part.
(2) Every person who is convicted of an offence against the provisions of this section is liable to a fine not exceeding 1 penalty unit.
43A. Exportation of birds - (1) No person shall, without the prior written authority of the Minister, export or attempt to export from Samoa any bird, whether native, introduced, or imported, or that has migrated to Samoa or has arrived in Samoa and become established there (but not including any domestic bird), or any feathers, egg or other part of any such bird.
(2) The Minister in his or her discretion may refuse to grant authority under the subsection (1) or may grant authority either unconditionally or subject to such conditions as the Minister thinks fit to impose, and may at any time revoke or vary any authority previously granted.
(3) Before granting any authority under this section to export any bird, the Minister may require the applicant to satisfy the Minister that a permit for its importation into the country to which it is proposed to be exported has been granted by the appropriate authority in that country.
(4) Every person who is convicted of an offence against the provisions of this section is liable to imprisonment for a period not exceeding 6 months or to a fine not exceeding 10 penalty units.
43B. Entry, search and seizure - (1) Where the Chief Executive Officer has reasonable cause to believe that an offence under section 43A has been or is likely to be committed he or she may board and search any ship or aircraft and may seize any bird which is in or on such ship or aircraft.
(2) Any bird seized pursuant to subsection (1) shall be disposed of in such manner as the Minister may direct.
PART VII
EXISTING LEGISLATION AFFECTED
44. Repeals and savings - (1) The enactments specified in the Second Schedule are hereby repealed.
(2) As from the coming into force of this Ordinance, regulations 21 to 23, both inclusive, of the Samoa Village Regulations 1938 (New Zealand Statutory Regulations 1938, Serial No. 87) shall cease to be part of the law of Samoa.
(3) All proclamations, regulations, orders, declarations, appointments proceedings, exemptions and generally all acts of authority which originated under any enactment repealed by subsection (1) or mentioned in subsection (2) and are subsisting or in force on the coming into operation of this Ordinance shall inure for the purposes of this Ordinance as fully and effectually as if they had originated under the corresponding provisions of this Ordinance, and accordingly shall, where necessary, be deemed to have so originated.
SCHEDULES
FIRST SCHEDULE Section 9
POUNDAGE AND SUSTENANCE FEES
| | Fees Poundage Sene |
Sustenance Fees Per Day or Part Thereof | ....20 | 20 |
For every horse, mare, gelding, colt, filly or foal | ....10 | 20 |
For every mule or ass..................................... | .....10 | 20 |
For every bull, ox, cow, steer, heifer or calf | .......10 | 20 |
For every sheep, goat or pig.................................... | ............5 | 5 |
PROVIDED THAT no charge shall be made by way of sustenance fees for the sustenance of suckling animals under the age of 6 months.
SECOND SCHEDULE Section 44 (1)
ENACTMENTS REPEALED
1923 - No. 7 | |
1928 - No.3 | The Registration of Livestock Brands Ordinance 1928. |
1931 - No.3 | The General Laws Ordinance 1931, sections 20, 23, 23A and Second Schedule. |
1934 - No. 3 | The Ordinances Amendment Ordinance 1934, section 2 (7), (b), (c) and (d). |
1944 - No. 3 | The General Laws Amendment Ordinance 1944, section 2. |
REVISION NOTES 1997
The Animals Ordinance 1960 appearing in this reprint comprised that Ordinance as it appears in 1977 reprint together with the amendment contained in the Animals Amendment Act 1989 as set out below:
Section 43A(1) | The words "or attempt to export" were added after the word "export" by section 2 of the 1989 Amendment Act. |
Section 43B | A new section added by section 3 of the 1989 Amendment Act. |
For the powers of the Chief Executive Officer to maintain the standard of primary produce exported, see the Produce Export Ordinance 1961.
REVISION NOTES 2008
This law has been generally edited as provided for by section 5 of the Revision and Publication of Laws Act 2008. The following general revisions have been made –
(a) References to Western Samoa have been amended to Samoa in accordance with an amendment to the Constitution of Samoa in 1997.
(b) The fines have been amended and are stated as penalty units as provided for by the Fines (Review and Amendment) Act 1998.
(c) All references to the male gender have been made gender neutral.
(d) Amendments have been made to conform to modern drafting styles and to use modern language as applied in the laws of Samoa.
(e) Amendments have been made to up-date references to offices, officers and statutes.
(f) Other minor editing has been done in accordance with the lawful powers of the Attorney General.
The following amendments have been made to specific sections of the Act to incorporate amendments made by Act of Parliament passed since the publication of the Western Samoa Statutes Reprint 1978-1996 –
Section 37 | Repealed by the Quarantine (Biosecurity) Act 2005. |
Section 38 | Repealed by the Quarantine (Biosecurity) Act 2005. |
Section 39 | Repealed by the Quarantine (Biosecurity) Act 2005. |
Section 40(2) (a), (b), (c), (d), (e), (f), (g) and (h) | Repealed by the Quarantine (Biosecurity) Act 2005 |
Revised and consolidated by Graham Bruce Powell
Under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo
(Parliamentary Counsel)
REVISION NOTES 2008 No.2
General revision made – The word “carcass” used throughout the Act was replaced with “carcass”.
The general powers of the Attorney General under section 4 of the Revision and Publication of Laws Act 2008 is used to insert the commencement date. By virtue of section 8 of the Acts Interpretation Act 1974, in the absence of an expressed commencement date, the date of assent is the commencement date.
There were no amendments made to this law since the publication of the Consolidated and Revised Statutes of Samoa 2007.
Revised and consolidated by the Legislative Drafting Division under the supervision of Teleiai Lalotoa Sinaalamaimaleula Mulitalo (Parliamentary Counsel)
The Animals Ordinance 1960 is administered
in the Ministry of Agriculture and Fisheries.
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URL: http://www.paclii.org/ws/legis/consol_act_2008/ao1960136